The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, January 18, 2007, being the first order
of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:H. B. 2314, Updating the meaning of "federal taxable income" and certain other terms used
but not defined in the West Virginia Corporation Net Income Tax Act,
And reports back, a committee substitute therefor, with a same title, as follows:Com. Sub. for H. B. 2314 - "A Bill to amend and reenact §11-24-3 of the Code of West
Virginia, 1931, as amended, relating to updating meaning of federal taxable income and certain other
terms used in West Virginia Corporation Net Income Tax Act; and specifying effective dates",
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:H. B. 2285, Updating the meaning of federal adjusted gross and certain other terms used in
West Virginia Personal Income Tax Act,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2141, Raising the age at which a person may request to be excused from jury duty
from sixty-five to seventy,
And reports the same back with the recommendation that it do pass.
Chairman Webster, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2315, Relating to notification of parole hearings,
And reports back a committee substitute therefor, with a new title, as follows:Com. Sub. for H. B. 2315 - "A Bill to amend and reenact §62-12-23 of the Code of West
Virginia, 1931, as amended, relating to notification of parole hearings; victim's right to be heard;
adding to the crimes committed by an offender for which the preparation of a parole hearing
notification form and notification of release on parole is required; and establishing specific
requirements for the notice to be provided to the applicable prosecutor, circuit court and law
enforcement agencies",
With the recommendation that the committee substitute do pass.

Messages from the Executive

Mr. Speaker, Mr. Thompson, presented the annual report of the Bureau of Commerce's
Geological and Economic Survey, in accordance with the provisions of code; which was filed in the
Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report of the Offices of the Insurance
Commissioner on Rules on Time Standards Compliance through the Workers' Compensation Office
of Judges, in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report of the Division of Labor, in
accordance with section four, article one, chapter twenty-one of the code; which was filed in the
Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the 2006 annual report of the Board of Osteopathy,
in accordance with the provisions of the code; which was filed in the Clerk's Office.
Mr. Speaker, Mr. Thompson, presented the annual report for the 2006 fiscal year of the State
Board of Architects in accordance with section twelve, article one, chapter thirty of the code; which
was filed in the Clerk's Office.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title as follows:S. C. R. 17 - "Amending Joint Rule No. 3 of the Joint Rules of the Senate and House of
Delegates relating to disagreement and conference."Resolved by the Legislature of West Virginia:
That Joint Rule No. 3 of the Joint Rules of the Senate and House of Delegates be amended
to read as follows:Disagreement and Conference
3. (a) Whenever a measure of one house is amended in the other and the house in which it
originated shall refuse to concur in the amendment, the house amending the measure may either
insist or recede therefrom. But when a measure originating in one house is amended in the other,
the house in which it originated may amend such amendment and a motion therefor shall take
precedence of a motion to concur. If said house refuses to concur, the other house may either recede
from or insist upon its amendment, and a motion to recede shall take precedence of a motion to
insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to
the motion to recede from or to insist.
A motion to recede having failed shall be equivalent to the adoption of a motion to insist and
shall be so entered upon the Journal. A motion to insist being decided in the negative shall be
equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the motion to insist prevails, the house so insisting shall request a committee of conference on the
subject of disagreement, and shall appoint a committee therefor. The other house may thereupon
appoint such committee. Unless a different number is agreed upon, such conference committee shall
consist of five members from each house.
Such committee shall consider and report upon only the subject matter of the amendment or
amendments which were in disagreement, with necessary consequential changes. The committee
shall meet at a convenient time, to be agreed upon by their Chairmen, and upon notifying all
conferees of the time and place of any such meeting, and having conferred freely, shall report to their
respective houses the result of the conference. In case of agreement, the report shall be first made,
with the papers referred accompanying it, to the house which refused to concur, and there acted
upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the
other house. In case of disagreement, the papers shall remain with the house in which the measure
originated. If an agreement is reached, the report shall be made and signed in duplicate by at least
a majority of the conferees from each house, one of the duplicates being retained by the conferees
of each house.
(b) With respect to any conference agreed to within the first fifty-one days of a regular
session, the conference committee shall report to each house within seven days of agreement to
conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of
those present and voting in each house, the President of the Senate and Speaker of the House of
Delegates may extend the conference not to exceed an additional three days. In no event shall a
conference committee report to each house later than 6:009:00 P.M. on the sixtieth day.
With respect to any conference agreed to after the fifty-first day of a regular session, or any time during any extraordinary session, the conference committee shall report to each house within
three days after agreement to conference or be discharged, except that such conference may be
extended by concurrent resolution duly adopted by a majority of those present and voting in each
house, for a period not to exceed one additional day. In no event shall a conference committee report
to each house later than 6:009:00 P.M. on the sixtieth day.
Any conference committee which fails to report within the time limits established by this rule
shall be deemed to be discharged, and the papers referred shall remain with the house in which the
measure originated.
Any conference report shall, upon recognition by the presiding officer, be communicated to
each house by its Clerk and made available to members of each house. Each house shall designate
a location or office where copies of such report shall be made available. The Clerk shall
communicate availability of conference reports by an announcement to the members of said house
during the session. Such announcement can be made at any time upon recognition by the presiding
officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the
conference report shall lie over one day and shall not be considered in either house until at least the
next day following, but thereafter it shall be proper to take up consideration of the conference report
at any time otherwise permitted by the rules of such house whether or not such house met on the
preceding day: Provided, That after the fifty-ninth day of any regular session or on any day of any
extraordinary session a conference committee report may be considered the same day if availability
of written copies of such report is communicated to that house while in session at least two hours
prior to any consideration: Provided, however, That the conference report may be taken up for
immediate consideration at any time by two-thirds vote of the members of that house present.
Nothing herein shall affect the right of the presiding officer of either house to appoint or
discharge any conference committee as heretofore provided, such right to appoint and discharge such
committee being subject to the rules of each respective house.
The provisions of subsection (b) above shall not apply to the budget bill.
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
resolution (S. C. R. 17) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.

Resolutions Introduced

Delegates Browning, Andes, Armstead, Ashley, Blair, Carmichael, Ellem, Frederick,
Manchin, J. Miller, Overington, Paxton, Porter, Schadler and Schoen offered the following
resolution, which was read by its title and referred to the Committee on Rules:H. C. R. 5 - "Requesting the Joint Committee on Government and Finance study the Office
of Miners' Health Safety and Training."
Whereas, The State Office of Miners' Health Safety and Training and the Federal Mine
Safety and Health Administration are both responsible for mine safety operating separately and often
duplicate the work of the other agency; and
Whereas, There is a need to eliminate overlapping of agency efforts in mine safety that
wastes time and money when coordination of the activities could provide for both general
inspections of all mines and targeted inspections unsafe mines all aimed at ensuring miner safety,
operator compliance and better enforcement; and
Whereas, West Virginia's Office of Miners' Health Safety and Training has hundreds of
inspectors, program analysts and technical experts and the federal government's Mine Safety and
Health Administration employs many highly trained specialists, scientists and engineers; and
Whereas, It is time for the Legislature to examine these programs and related matters to
ensure that West Virginia miners are as safe and secure in their person as possible while undertaking
mining operations as modern approved mining procedures, inspections and enforcement can make;
therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the Office
of Miners' Health Safety; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Hartman, Amores, Caputo, Hrutkay, Mahan, Moore, Morgan, Overington and
Schadler offered the following resolution, which was read by its title and referred to the Committee
on Rules:H. C. R. 6 - "Urging the West Virginia Supreme Court of Appeals to adopt the
recommendations of the West Virginia State Bar's Lawyer Advertising Commission to amend the
current Rules of Professional Conduct for the further regulation of communications about lawyers and their services."
Whereas, the Lawyer Advertising Commission was appointed by The West Virginia State
Bar to research, study and debate factual, legal and ethical issues related to advertising by the State's
lawyers; and
Whereas, The Lawyer Advertising Commission has examined the subject from many
perspectives, including the advisability and scope of permissable regulation of lawyer advertising
in West Virginia and the approaches that other states have taken on the issue; and
Whereas, the Lawyer Advertising Commission has found and concluded that although most
lawyers who advertise do so responsibly, there is a need for further regulation of communications
about lawyers and their services in order to promote respect for the legal process and to protect the
public from being misled by false or deceptive advertising; and
Whereas, on the basis of its findings, the Lawyer Advertising Commission has
recommended to the State Bar's Board of Governors that the current West Virginia Rules of
Professional Conduct be expanded and amended to address the issue of lawyer advertising; and
Whereas, the State Bar's Board of Governors has accepted the Lawyer Advertising
Commission's report and its recommendations, with further amendments, and has forwarded the
report and recommendations to the West Virginia Supreme Court of Appeals for its review and
action; and
Whereas, the recommendations of the Lawyer Advertising Commission are currently
awaiting action by the West Virginia Supreme Court of Appeals which has exclusive authority to
regulate the practice of law in this State; therefore, be itResolved by the Legislature of West Virginia:That the Legislature hereby urges the West Virginia Supreme Court of Appeals to adopt the
Lawyer Advertising Commission's recommendations to expand and amend the West Virginia Rules
of Professional Conduct; and, be itFurther Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the West Virginia Supreme Court of Appeals.
Delegates Fragale, Miley, Cann and Iaquinta offered the following resolution, which was read
by its title and referred to the Committee on Rules:H. C. R. 7 - "Requesting the Joint Committee on Government and Finance to study the
feasibility, efficiency, effectiveness and educational advantages of consolidating the fifty-five county
school districts into twenty-seven school districts."
Whereas, Education is a vital resource and responsibility of the State of West Virginia and
the nation as a whole for the purpose of economic competitiveness in a global economy; and
Whereas, Providing economic resources for education at the primary and secondary levels
in the state plays a vital part in the role of economic competitiveness in West Virginia for both
maintaining existing jobs and attracting new ones; and
Whereas, Education plays a vital role in allowing the state's residents to obtain the highest
paying jobs available; and
Whereas, State funding, in periods of economic downturn in particular, is a scarce resource;
and
Whereas, Methods for using the scarce resource of state funds in the most efficient and
effective way for education in the state is a much needed and worthy endeavor to achieve
educational, and in turn economic, excellence; and
Whereas, In accordance with Article XII, section three of the West Virginia Constitution
and section one, article five, chapter eighteen of the Code of West Virginia, each county in the state
has its own county school board, totaling fifty-five school districts in the state; and
Whereas, Consolidation of these fifty-five county school districts into twenty-seven school
districts throughout the state may be an excellent method to use scarce resources in an efficient and
effective manner to achieve better educational results and educational excellence in the state;
therefore, be it Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility, efficiency, effectiveness and educational advantages of consolidating the fifty-five county
school districts into twenty-seven school districts; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2008, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Browning and Burdiss offered the following resolution, which was read by its title
and referred to the Committee on Rules:H. C. R. 8 - "Requesting the Division of Highways to name the bridge numbered 10596 on
State Route 10/96 in Cyclone, West Virginia, the 'Sharrell Hayes Brown and Edwin Waymen Brown
Memorial Bridge'."
Whereas, Sharrell Hayes Brown and Edwin Waymen Brown were born in Lorado, Logan
County, West Virginia, and later moved to Lacoma, Wyoming County, West Virginia, where they
attended Road Branch Elementary School. Sharrell and Edwin are two of five sons of the late
Elsworth and Athalene Lusk Brown. Their brothers are Harlon, Earthell and Dorn Brown; and
Whereas, Sharrell Hayes Brown and Edwin Waymen Brown went to work for Eastern
Associated Coal also known as Peabody Coal and worked for this company for 35 years and 32 years
respectively; and
Whereas, Sharrell Hayes Brown and Edwin Waymen Brown purchased eight acres of land
in 1975. Together, on this land, they built the Brown's Trailer Park and constructed by hand the first
bridge providing access to the park. They were able to maintain their hand built bridge for 33 years.
However, as time progressed, the two brothers were unable to maintain the bridge and after tedious
work by the Delegates from the 22nd District of the 77th Legislature the bridge was replaced by the
Division of Highways; and
Whereas, Sharrell Hayes Brown retired from Peabody Coal in April of 2003 but was unable
to enjoy much of his retirement as he was diagnosed with leukemia in September of 2003. He was
in and out of hospitals in Charleston and Morgantown, West Virginia receiving treatment for his
leukemia until his tragic death on June 6, 2006; and
Whereas, Although Sharrell Hayes Brown was unable to witness the construction of the
replacement bridge by the Division of Highways which is to be named after him and his brother, he
was able to view the progress through pictures his daughter Kim brought to the hospital; and
Whereas, Edwin Waymen Brown retired from Peabody Coal to spend time with his family
after 32 years of service but some of his spirit for life left him with the passing of his two brothers Sharrell Hayes and Dorn Brown this past summer; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered
10596 on County Route 10/96 in Cyclone, West Virginia, the "Sharrell Hayes Brown and Edwin
Waymen Brown Memorial Bridge"; and, be itFurther Resolved, That the Commissioner of the Division of Highways is hereby requested
to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as
the "Sharrell Hayes Brown and Edwin Waymen Brown Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division
of Highways and the family of Sharrell Hayes Brown and Edwin Waymen Brown.
Delegates Craig, Amores, Armstead, Azinger, DeLong, Ellem, Pethtel and Webster offered
the following resolution, which was read by its title and referred to the Committee on Rules:H. C. R. 9 - "Urging the West Virginia Supreme Court of Appeals to design and implement
a process of data collection on the children and families involved in divorce and child custody
matters decided by the family law courts of this state."
Whereas, In 2001 the West Virginia Legislature enacted sweeping changes to child custody
laws of the State;
Whereas, Those changes were in large part reflective of the American Law Institute's model
legislation developed to provide determinate and predictable outcomes that benefit children in the
vast majority of cases without imposing standardized solutions that offend society's commitment
to pluralism and parental autonomy.
Whereas, Prior to the reforms initiated by the Legislature in 2001, the courts of West
Virginia decided custody issues under the best-interests-of-the-child test, despite wide-spread
recognition that the test made results difficult to predict, thus encouraging unnecessary litigation, the
hiring of expensive experts, and strategic or manipulative behavior by parents.
Whereas, The approach enacted by the Legislature in 2001 requires post-separation
allocations of residential responsibility to each parent that approximate the proportion of care-taking
each parent assumed before the separation. In focusing on past care-taking patterns, this approach
derives what is best for a particular child not from the experience of families in the aggregate, or
from some state ideal of the divorced family, but from the experience of the individual child's own
family.
Whereas, In 2006, the Legislature resolved in House Concurrent Resolution 55 to review
the comprehensive legislative changes in divorce and custody laws enacted in 2001, and determine
whether additional reforms are necessary.
Whereas, During the 2006 interim meetings, a subcommittee of the Joint Committee on the
Judiciary undertook such a study of the state's current divorce and custody laws.
Whereas, That study reviewed information prepared by the West Virginia Supreme Court
of Appeals regarding the number and types of family law cases decided by the courts in the previous
year. Unfortunately, the data provides little or no information on the personal characteristics of
parents, types of custody arrangements agreed upon by parents or imposed by the courts, family
composition (e.g., age and sex of the children), the socio-economic status of the family, and the
amount of parental co-operation.
Whereas, To truly determine whether additional legislative reforms are necessary and appropriate, additional data on the families participating in matters of child custody before the state's
family courts is essential; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby urges the West Virginia Supreme Court of Appeals to develop
and implement additional data collection tools for divorce and child custody cases decided by the
family law courts of this state for the purpose of providing the Legislature with relevant information
to be considered in determining whether further legislative changes to the state's divorce and custody
laws are necessary and appropriate.
On motions for leave, Joint Resolutions were introduced, read by their titles and severally
referred as follows:By Delegate Doyle:H. J. R. 8 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending section fourteen, article VII thereof, relating to creating a veto session of the Legislature
to consider bills vetoed by the Governor; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed amendment"; which was referred
to the Committee on Constitutional Revision then the Judiciary.
And,

H. J. R. 9 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article X thereof by adding thereto a new section, designated section 1d, relating to a
taxpayer's bill of rights intended to reasonably restrain the growth of government; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of
such proposed amendment"; to the Committee on Constitutional Revision then the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Carmichael, Walters and Armstead:H B. 2316 - "A Bill to amend and reenact §18C-7-1, §18C-7-2, §18C-7-3, §18C-7-4,
§18C-7-5, §18C-7-6, §18C-7-7 and §18C-7-8 of the Code of West Virginia, 1931, as amended, all
relating to changing the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan
Program; and establishing deferment and forgiveness conditions"; to the Committee on Education
then Finance.By Delegates Barker, Hrutkay and Eldridge:H. B. 2317 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931,
as amended, relating to providing that utility trailers bear registration plates smaller than registration
plates on motor vehicles but larger than plates on motorcycles"; to the Committee on Roads and
Transportation then the Judiciary.By Delegates Marshall, Eldridge, Miley, Caputo, Brown and Walters:H. B. 2318 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §46A-2A-101, §46A-2A-102, §46A-2A-103, §46A-2A-104 and
§46A-2A-105, all relating to consumer protection generally; defining certain terms; providing a
procedure for consumers to implement a security freeze to prohibit a consumer reporting agency
from releasing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer in certain circumstances; providing for notice of
consumer rights; providing civil penalties for violations; and making a violation an unfair or
deceptive act or practice"; to the Committee on the Judiciary.By Delegates Barker and Eldridge:H. B. 2319 - "A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as
amended, relating to providing that lying to a deputy sheriff or municipal police officer who is
conducting an investigation of a felony, is a misdemeanor"; to the Committee on the Judiciary.By Delegate Pino:
H. B. 2320 - "A Bill to amend and reenact §7-14-8 of the Code of West Virginia, 1931, as
amended, relating to clarifying that the sheriff is the appointing officer with respect to deputy sheriffs
who have resigned and thereafter seek appointment by reinstatement"; to the Committee on Political
Subdivisions then the Judiciary.By Delegate Talbott:
H. B. 2321 - "A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931,
as amended, relating to increasing the penalties for discarding trash on land and in streams; and
making certain minimum fines mandatory and community service mandatory"; to the Committee on
the Judiciary.By Delegate Iaquinta:
H. B. 2322 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17C-11B-1, §17C-11B-2, §17C-11B-3, §17C-11B-4, §17C-11B-5
and §17C-11B-6, all relating to requiring the use of helmets by skateboarders"; to the Committee
on the Judiciary.By Delegate Swartzmiller:
H. B. 2323 - "A Bill to amend and reenact §7-14D-2 and §7-14D-13 of the Code of West
Virginia, 1931, as amended, all relating to technical corrections, grammatical corrections, clarifying
that redeposits are submitted on salary earned (prior to the creation of the Deputy Sheriff Retirement
System Act), regardless if such prior service in the Public Employee Retirement System was earned
as a deputy sheriff, also extending the time a member has to repay redeposit for prior service"; to the
Committee on Pensions and Retirement then Finance.By Delegate Ennis:H. B. 2324 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18A-4-10e, relating to school personnel; and authorizing
unlimited transfer of accumulated sick leave between certain spouses"; to the Committee on
Education then Finance.By Delegate Lane:
H. B. 2325 - "A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as
amended, relating to prohibiting municipalities from imposing user fees on persons who reside
outside the municipality"; to the Committee on Political Subdivisions then the Judiciary.By Delegate Schadler:
H. B. 2326 - "A Bill to amend and reenact §16-5O-2 of the Code of West Virginia, 1931,
as amended, relating to authorizing medication administration by unlicenced personnel of nursing
homes"; to the Committee on Health and Human Resources then the Judiciary.By Delegates Caputo and Martin:
H. B. 2327 - "A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-29-5, all relating to the Education and State Employees
Grievance Board; enlarging the membership of the board from three to seven members; requiring
that at least four members will represent the interests of public or education employees; nominating
the four will be state organizations representing labor, school service personnel and teachers;
increasing the number of board meetings per year from two to four; and limiting county board of
education use of legal counsel"; to the Committee on Education then Government Organization.By Delegates Perdue, Walters, Eldridge, Hatfield, Wysong and Stalnaker:H. B. 2328 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-25G-1, §33-25G-2, §33-25G-3, §33-25G-4, §33-25G-5,
§33-25G-6, §33-25G-7, §33-25G-8, §33-25G-9, §33-25G-10, §33-25G-11, §33-25G-12,
§33-25G-13 and §33-25G-14, all relating to pharmacy benefit managers; requiring licensure,
providing requirements for license application; defining terms; requiring certain disclosures;
establishing fees; requiring retention of records; providing for annual statement; authorizing access
to records; establishing special revenue account; requiring certain information be maintained as
confidential; establishing criminal and civil penalties for violations; authorizing proposal of rules;
requiring annual report to the Legislature and Governor; and setting effective date"; to the
Committee on Health and Human Resources then the Judiciary.By Delegate Cann:
H. B. 2329 - "A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931,
as amended, relating to providing additional state minimum salary for certain teachers"; to the
Committee on Education then Finance.By Delegate Caputo:
H. B. 2330 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as
amended, relating to the West Virginia secondary school activities commission; and requiring rules
to provide for use of neck braces by football players"; to the Committee on Education then the
Judiciary.By Delegates Ellem, Proudfoot and Hamilton:H. B. 2331 - "A Bill to amend and reenact §15-10-4 of the Code of West Virginia, 1931, as
amended, relating to authorizing law-enforcement officials to deputize law-enforcement personnel
employed by out-of-state jurisdictions; and conditions"; to the Committee on the Judiciary then
Finance.By Delegates Perry, Amos, Craig, Perdue, Campbell, Anderson, Cann and Long:
H. B. 2332 - "A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as
amended, relating to clarifying that magistrate courts have concurrent juvenile jurisdiction with
circuit courts with regard to enforcement of laws prohibiting the possession or use of tobacco or
tobacco products by minors; and giving such concurrent juvenile jurisdiction to municipal courts";
to the Committee on the Judiciary.By Delegate Stalnaker:
H. B. 2333 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-8-1 and §9-8-2, all relating to making elder-care and in-home
health care available to all seniors aged sixty-five or older, on a sliding scale based on ability to pay";
to the Committee on Health and Human Resources then Finance.By Delegate Stalnaker:H. B. 2334 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-5e, relating to restricting political subdivisions of the state
from conducting businesses selling tangible personal property in competition with private
enterprises"; to the Committee on Political Subdivisions then the Judiciary.By Delegates Swartzmiller and Stemple:
H. B. 2335 - "A Bill to amend and reenact §7-14-15 of the Code of West Virginia, 1931, as
amended, relating to prohibiting deputy sheriffs from engaging in political activities and exceptions";
to the Committee on the Judiciary.By Delegates Marshall, Spencer, Wells, Longstreth, Sumner and Fragale:H. B. 2336 - "A Bill to amend and reenact §18A-4-8f of the Code of West Virginia, 1931,
as amended, relating to allowing school service personnel the opportunity to vote on giving transfer
preference to employees from a merged or consolidated school or school facility"; to the Committee
on Education then Finance.By Delegates Brown and Perdue:H. B. 2337 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-20-26, relating to providing requirements for the tethering of
a dog; and providing criminal penalties"; to the Committee on Agriculture and Natural Resources
then the Judiciary.

H. B. 2338 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-38, relating to requiring the State Board of Education to
create a school drug safety program; and specifying minimum requirements for the program"; to the Committee on Education then Finance.By Delegates Argento, Barker and Eldridge:
H. B. 2339 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §8A-1-12; and to amend and reenact §8A-4-1 and §8A-4-2 of said
code, all relating to abolishing the requirement that a county's governing body adopt a
comprehensive plan before enacting a subdivision and land development ordinance"; to the
Committee on Political Subdivisions then Government Organization.By Delegates Argento, Eldridge, Shaver, Wysong, Swartzmiller, Wells and Stemple:
H. B. 2340 - "A Bill to amend and reenact §17C-16-5of the Code of West Virginia, 1931,
as amended, relating to allowing the Superintendent of the State Police to charge a one hundred
dollar motor vehicle inspection facility application fee"; to the Committee on Roads and
Transportation then Finance.By Delegate Michael:
H. B. 2341 - "A Bill to amend and reenact §8A-12-11 of the Code of West Virginia, 1931,
as amended, relating to defining the term farm woodland and to provide that selective commercial
harvesting of mature timber is permitted under the 'Farmland Preservation Act'"; to the Committee
on Agriculture and Natural Resources then Finance.By Delegates DeLong, Iaquinta, Stemple, Fragale, Doyle and Martin:
H. B. 2342 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §15-1B-27, relating to creating the West Virginia Military Family
Relief Fund; establishing an income tax checkoff on individual tax returns for contributions;
providing that subject to appropriation the Department of Military Affairs and Public Safety has the power to make grants from the West Virginia Military Family Relief Fund to families of persons
who are members of the West Virginia National Guard and to West Virginia residents who are
members of the Reserves of the United States Armed Forces and who have been called to active
duty; and authorizing legislative rule to establish criteria for grants"; to the Committee on Veterans
Affairs and Homeland Security then Finance.By Delegates Hamilton, Iaquinta, Azinger and Browning:
H. B. 2343 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to exempting one motor vehicle owned by a resident of this state on active duty
in the United States military from ad valorem taxes for any taxable year the person is in the military";
to the Committee on Veterans Affairs and Homeland Security then Finance.By Delegates Stalnaker and White:
H. B. 2344 - "A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as
amended, relating to equally compensating all state magistrates"; to the Committee on the Judiciary
then Finance.By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:H. B. 2345 - "A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as
amended, relating to exempting one motor vehicle owned by a resident of this state on active duty
in the United States Armed Forces from ad valorem taxes for any taxable year the person is on active
duty"; to the Committee on Veterans Affairs and Homeland Security then Finance.By Delegates Marshall, Hatfield, Caputo, Paxton, Shook, Martin, Tucker and Perdue:
H. B. 2346 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to employer communications about politics,
religion or labor organizing activities; prohibiting certain employers from meeting and
communicating with employees regarding the employer's political, religious, or labor organizing
activities; and providing a civil remedy for violations"; to the Committee on Industry and Labor,
Economic Development and Small Business then the Judiciary.By Delegate Doyle:H. B. 2347 - "A Bill to amend and reenact §19-2-7 of the Code of West Virginia, 1931, as
amended, relating to agriculture; marketing agricultural products; prohibiting the sale of damaged
containers or canned goods 'as is' or for less than one half of the usual retail price; and imposing a
fine for knowingly displaying damaged goods with undamaged goods"; to the Committee on
Agriculture and Natural Resources then the Judiciary.

H. B. 2348 - "A Bill to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as
amended, relating to prohibiting the seizure of lawfully carried or possessed firearms during a
proclaimed state of emergency"; to the Committee on the Judiciary.By Delegates Ennis, Talbott and Blair:H. B. 2349 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-17-16, relating to continuation of the Board of Registration
for Sanitarians"; to the Committee on Government Organization.

H. B. 2350 - "A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931,
as amended, relating to eliminating the sales tax on food effective the first day of July, two thousand
seven"; to the Committee on Finance.By Delegates Stalnaker, White and Campbell:
H. B. 2351 - "A Bill to amend and reenact §61-8-14 of the Code of West Virginia, 1931,
as amended, relating to redirecting fines for cemetery vandalism back to cemeteries to be used for
damage repair"; to the Committee on the Judiciary.By Delegate Doyle:H. B. 2352 - "A Bill to amend and reenact §8A-7-10 of the Code of West Virginia, 1931,
as amended, relating to planning and zoning; removing exemption from certain provisions for
mining and manufacturing activities and uses"; to the Committee on Political Subdivisions then the
Judiciary. By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]: H. B. 2353 - "A Bill to amend and reenact §5-16-25 of the Code of West Virginia, 1931, as
amended, relating to the authority of the Public Employees Insurance Agency to transfer excess
reserve funds to the West Virginia Retiree Health Benefit Trust Fund"; to the Committee on
Government Organization then Finance.By Delegates Stalnaker and Campbell:H. B. 2354 - "A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as
amended, relating to capping premium increases for Public Employees Insurance Agency retirees
at five percent"; to the Committee on Pensions and Retirement then Finance.By Delegate Doyle:H. B. 2355 - "A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as
amended, relating to providing that actions in which the state is a party be brought in the county
which is affected or related to the controversy"; to the Committee on the Judiciary.By Delegate Doyle:H. B. 2356 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-13i; and to amend and reenact §18-5-19 of said code, all
relating to education; the State Board of Education; county boards of education; establishing a secure
residential school for juvenile status offenders; and providing an alternative school at evening classes
or night school for children who are expelled or suspended from regular school classes"; to the
Committee on Education then Finance.By Delegates Marshall, Caputo, Beach and Hatfield:H. B. 2357 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §64-6-3, relating to amending the Fire Commission rule adopting
the State Fire Code; and limiting the exemption given to buildings used wholly as dwelling houses
for no more than two families to those buildings only when owner-occupied"; to the Committee on
Government Organization then the Judiciary.By Delegate Miley:H. B. 2358 - "A Bill to amend and reenact §24A-5-5 of the Code of West Virginia, 1931,
as amended, relating to minimum insurance required on for-hire vehicles, that haul nonhazardous
property with a gross vehicle weight of ten thousand or more pounds"; to the Committee on Health
and Human Resources then the Judiciary.By Delegates Hatfield and Mahan:H. B. 2359 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §9-10-1, §9-10-2, §9-10-3, §9-10-4, §9-10-5, §9-10-6 and §9-10-7,
all relating to prohibiting certain nursing homes from using state funds for activities unrelated to the
provision of health care services; and authorizing civil actions for enforcement; and authorizing civil
penalties"; to the Committee on Health and Human Resources then the Judiciary.By Delegate Miley:H. B. 2360 - "A Bill to amend and reenact §61-2-28 of the Code of West Virginia, 1931, as
amended, relating to increasing certain penalties for persons convicted of domestic battery and
domestic assault including the requirement that they complete an approved batterers' course"; to the
Committee on the Judiciary.By Delegate Miley:H. B. 2361 - "A Bill to amend and reenact §11-16-5 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto three new sections, designated §11-16-5a, §11-
16-5b and §11-16-5c, all relating to the manufacture, sale, possession, distribution, furnishing or
giving away of nonintoxicating beer contrary to law in unlicensed establishments"; to the Committee
on the Judiciary.By Delegate Michael:H. B. 2362 - "A Bill to repeal §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-
6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-13B-14, §8-
13B-15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the Code of West
Virginia, 1931, as amended, all relating to the Downtown Redevelopment District Act"; to the Committee on the Judiciary.By Delegate Michael:H. B. 2363 - "A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as
amended, relating to dangerous weapons generally and allowing Mental Hygiene Commissioners to
carry concealed weapons"; to the Committee on the Judiciary.By Delegate Doyle:H. B. 2364 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §48-1A-101, §48-1A-201, §48-1A-301, §48-1A-401, §48-1A-501,
§48-1A-601, §48-1A-701, §48-1A-801, §48-1A-901 and §48-1A-1001, all relating to the uniform
premarital agreement act; defining terms; setting forth requirements and content of agreement;
providing for the effect, amendment, revocation and enforcement of such agreements; establishing
statute of limitations, application and construction of article; and setting forth short title"; to the
Committee on the Judiciary.By Delegate Stalnaker:H. B. 2365 - "A Bill to amend and reenact §18-7A-17 of the Code of West Virginia, 1931,
as amended, relating to the State Teachers Retirement System generally and granting retirement
credit under certain circumstances to teachers for years of service as a teacher in the employment of
the federal government, or a state or territory of the United States, or a governmental subdivision of
that state or territory"; to the Committee on Pensions and Retirement then Finance.By Delegates Ellem and Azinger:H. B. 2366 - "A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931,
as amended, relating to exempting one motor vehicle owned by a volunteer fireman from personal property taxation"; to the Committee on the Judiciary then Finance.By Delegates Iaquinta, Talbott, Martin, Fragale, Barker and Miley:H. B. 2367 - "A Bill to amend and reenact §22-15A-10 of the Code of West Virginia, 1931,
as amended, relating to permitting the Secretary of the Department of Environmental Protection to
remediate any waste tire pile consisting of twenty-five tires or more"; to the Committee on the
Judiciary then Finance.By Delegates Romine and Schoen:H. B. 2368 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-42-9, relating to prohibiting the performance of any abortion
when the woman seeking it is doing so solely on account of the gender of the fetus; prescribing a
criminal penalty for violations of the section"; to the Committee on Health and Human Resources
then the Judiciary.By Delegates Rowan and Porter:H. B. 2369 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-10-33, relating to requiring physicians to take steps designed
to save the life of a child delivered alive during an abortion procedure; and prescribing criminal
penalties for violations of the section"; to the Committee on Health and Human Resources then the
Judiciary.By Delegate Stalnaker:H. B. 2370 - "A Bill to amend and reenact §50-5-8 of the Code of West Virginia, 1931, as
amended, relating to providing that unless a criminal defendant in magistrate court requests a jury
trial in writing within twenty days from the date of his or her initial appearance, he or she forever waives the right to a jury trial upon the criminal offense or offenses for which he or she were
required to make the initial appearance"; to the Committee on the Judiciary.

H. B. 2371 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-
12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17,
§3-12-18 and §3-12-19, all relating generally to providing an alternative public funding option of
election campaigns for candidates for the state Senate and House of Delegates; setting forth short
title and certain legislative findings and declarations; defining terms; specifying that the provisions
of the act are applicable to candidates for the offices of state Senate and House of Delegates;
establishing a public campaign financing fund and sources of revenue for the fund; requiring an
additional penalty assessment be imposed against violators of administrative orders, rules of state
governmental agencies, boards and commissions; requiring an applicant for public campaign funding
to complete a declaration of intent and setting forth the manner in which an application for funding
may be made; setting forth eligibility criteria for qualifying party and independent candidates;
allowing participating candidates to raise from private sources and spend seed money contributions;
requiring candidates seeking public campaign funds to collect a required number of qualifying
contributions; requiring participating candidates to comply with all provisions of the act; requiring
the State Election Commission to certify eligible candidates and setting forth the procedure for
certification; providing that qualified candidates shall receive funding for election campaigns from
the Public Campaign Financing Fund; specifying the amount of funds available for each office and when the funds become available; setting forth restrictions on participating candidates' contributions
and spending; prohibiting participating candidates from accepting private contributions other than
as specifically set forth in the act; prohibiting the use of personal funds for certain purposes;
requiring certain disclosures; requiring candidates to keep records and report to the State Election
Commission; providing for matching public campaign funds when an opponent spends in excess of
the initial funding available to a certified candidate and for independent expenditures on behalf of
a nonparticipating or certified opponent; setting forth certain duties of the State Election
Commission; providing for the deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and criminal penalties for violations of
the act; and setting forth an effective date"; to the Committee on the Judiciary then Finance.

House Calendar

Third Reading

H. B. 2105, Extending the expiration date of provisions permitting retired teachers to accept
employment as substitutes in areas of critical need and shortage for an unlimited number of days
without affecting retirement benefits; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 5), and
there were--yeas 87, nays none, absent and not voting 12, with the absent and not voting being as
follows:
Absent And Not Voting: Azinger, Campbell, Cann, Doyle, Ellem, Ennis, Michael,
Morgan, Stalnaker, Stemple, Swartzmiller and Williams.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (H. B. 2105) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate DeLong moved that the bill take effect from its passage .
On this question, the yeas and nays were taken (Roll No. 6), and there were--yeas 87, nays
none, absent and not voting 12, with the absent and not voting being as follows:
Absent And Not Voting: Azinger, Campbell, Cann, Doyle, Ellem, Ennis, Michael,
Morgan, Stalnaker, Stemple, Swartzmiller and Williams.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2105) takes effect from its passage.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Leaves of Absence

At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Azinger, Campbell, Cann, Doyle, Ellem, Ennis, Michael, Morgan, Stalnaker,
Stemple, Swartzmiller and Williams.
At 11:17 a.m., the House of Delegates adjourned until 11:00 a.m., Monday, January 22,
2007.